Help, Amended I-140

C

carter yen

Registered Users (C)
Hi, Gurus:
My company might be acquired by other company. I have filed my I-485
on May 7, 2001 but no receipt yet.
If my company was acquired by other company, do I need a new I-140 for my I-485 to be processed ?

In what kind of situation, will I received a RFE for amended I-140?

Please Help,
 
No Title

It\'s still possible that INS might NOT issue an RFE in your case. It\'s totally random.

In my case, I got an RFE while my colleague (in exactly the same situation) did NOT get an RFE and got his 485 approved.

As for filing for an amended I-140 now in anticipation of an RFE, I\'m not really sure if this might alert INS to issue an RFE.

My company\'s HR specialist told me that amended I-140 applications get expedited bec. they are replies to an RFE and not a new I-140. I got an RFE on April 7, 2001, they replied to it on April 25, 2001 and then applied an amended I-140 around May 7, 2001.

I will keep everybody here posted on what happened to my case.
 
No Title

Hi, Neo, How did INS find out you have a company merger ?

Did INS ask your pay stub or W2s ???
I don\'t know if INS will find out I have a merger in the near future!
Thanks,
 
No Title

The merger happened between my I-140 application and my I-485 application. So my I-140 was approved with my old employer and my I-485 was applied with my new employer.

I guess INS made a simple comparison between the I-140 approval notice and I-485 application and found out that there was a merger.

But my colleague in exactly the same situation did not get an RFE. So there\'s a chance that you won\'t get an RFE.
 
No Title

Hello Neo & Carter,

I am in a similar situation. I filed my 485 and waiting for RD & ND. Meanwhile, my company is acquired by another comapany. They are filing my new H1-B.

What happens to my GC?
Do I have to re do 485?
Will amending I-140 will protect me in every way?
Can I change employer 180 days after ND?

Please reply....
 
No Title

There are 2 scenarios:

Scenario 1: If the acquisition happened after you filed your I-485, the sponsor names in your I-140 and I-485 applications will be the same. It will be highly LIKELY that the INS will NOT know about it (and NOT issue an amended I-140 RFE). But in your case, they might find out bec. of the filing of your H1B case by new company.

Scenario 2: If the acquistion happened happened between your I-140 and I-485 application submission, the sponsor stated in your I-140 and I-485 applications will be DIFFERENT. There\'s a greater chance that INS will find out. But still there\'s a chance that they wouldn\'t find out. There are lots of cases where people from the same company and same situations have different outcomes on whether they got an RFE or not.

If INS finds out and your company\'s case was a "successor-in-interest" merger case (You can ask your company\'s HR person where the merger a successor-in-interest case), the INS will asks for an amended I-140. In this scenario, you can leave your employer 180 days after your 485 RD.

From what my company\'s HR told me, they said that it\'s better to wait for the RFE to file for an amended I-140 than file the amended I-140 independent of an RFE since RFE-related amended I-140 applications are expedited. But I see no evidence of that in this forum yet.

My question is: Might filing an amended I-140 in anticipation of an RFE alert INS to issue an RFE?

So I\'m not sure if you should you file your amended I-140 in anticipation or file your amended I-140 after you get an RFE.

If it\'s not a "successor-in-interest" case, I think your will have to redo your LC, I-140, I-485 but you will keep your Priority Date.
 
No Title

Thanks a lot Neo.
Finally I found one reply to my question. My situation is like this,
I worked for company A and filed I-485. Now the division that I was working is sold to another company B. Company A still exists. I have yet to receive my RD & ND.

The new company (B) is filing for new H1-B. They are proving that to be successor in interest but are not sure as not the whole company (A) was acquired by company B.

I do not mind RFE and will amend I-140 but the questions that I have are,

1. Can I continue my I-485 without affecting its processing in any way? ( That way, I will be free after 180 days)

2. Can I use EAD once I obtain it and work for the company B?

3. Will there be a delay in approval of I-485?

Please help Neo.
 
No Title

1.
INS evaluates case by case for merger/acquisition(amended I-140). In your case, I think an amended I-140 is strongly recommended because of your new H1b.
If your company can prove the acquisiton was a "successor in interest", I think it will cause no problem for your I-485 to be approved. But a delay for approval is inevitable.
2.
Definitelly, yes.
3.
Inevitable, but I believe it won\'t take to long since you know there is someone processing your case, better than sitting on the desk for unknown period of time and get nothing.

There is a rumor spread out in my company that a public company call
"C****** Logic" is buying my company in next 1 or 2 months. The deal, according to the rumor, is solid and sounds like it\'s just a matter of time for its happening. That\'s why I am planning for my
amended I-140 since I filed my I485 last month and the receipt is yet to received. 180 days rule for me seems not possible to pass.
I really do hope that amended I-140 is fast like a rocket, because it took 2 RFEs for me to clear the I-140 and I don\'t want to suffer another I-140 nghtmare again.

Good Luck Neo, longGC.
Let\'s keep each other\'s infomation updated.
 
No Title

Hi Carter & Neo,

I really appreciate your help. I can imagine what Carter feels after going through 2 RFE\'s at 140 and now amended 140..

I will request my new company to have an amended 140. They told me that I have yet to get an EAD so filing for H1-B is inevitable.

There is further question,
H1-B is non-immigrant visa. By filing 485 earlier, I have shown intention to immigrate. There is a column in the application form for H1-B, it reads,

Are you, or any other person included in this application, an applicant for an immigrant visa or adjustment of status to permanent residence?

The usual answer for everyone is NO. But in my case YES. The question is, will it affect for getting a new H1-B?
 
No Title

Carter & Neo Please help..

Can I work for new company on H1B and then use my EAD? I am likely to get EAD soon, if not I will go to local INS and obtain it 90 days after filing 485.

I am sure that H1B approval will come after I get EAD? Please advise..
 
No Title

Neo & Carter,

There is one question that remained unanswered..

Will I have to re do 485 after 140 is amended?

If possible can I contact you directly? You can reach me at tp126@hotmail.com
 
No Title

In your case, I think you can do that. Do an H1B transfer to 2nd company and convert to 1st company\'s EAD later.

Btw, are you past the 180 days mark on your 485?
 
No Title

You don\'t have to redo your I-485 once your amended I-140 has been approved. Your 485 will just continue where it was left off.
 
No Title

Thanks Neo.

No I have not passed 180 days. I have filed for AOS in May 01. Not even got RD & ND.

So if amending 140 is inevitable and I-485 is unaffected, then I think does it really matter if I use new H1 or EAD?

What I was going to do was like this,
Work on EAD and not have new H1b. I wait for 485 approval as usual. If I get RFE then amend 140. I was just trying to take a chance.

Agin thanks for all your help. Without you experienced guys we realy feel insecure as we do not get appropriate answers from seasoned lawyers. I have asked the same question to a good lawyer. Once I get the answer, I will post here.

Good luck to all.
 
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